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AAPL » Topics » Returns of

These excerpts taken from the AAPL 10-K filed Dec 1, 2005.
Returns of [**] MPUs [**].  [**] MPUs may be returned as set forth in the Warranty section of this Purchase Agreement.

 

Cancellations

 

Apple and its Authorized Purchasers may cancel Purchase Orders [**]:

 

(i) the MPUs ordered have not been delivered [**] after the Delivery Date; or

 

(ii) Apple provides written notice of cancellation in the form attached as Attachment 6, no later than [**] before the Delivery Date of the MPUs ordered. Each [**], Freescale will provide Apple a report showing the expected distribution of MPUs that are at probe so that Apple can make an informed decision regarding cancellations.

 

If Apple or an Authorized Purchaser cancels a Purchase Order pursuant to subsection (ii), above, it will [**]. Cancellations pursuant to subsection (i), above, will be [**].

 

If Apple or an Authorized Purchaser wrongfully rejects delivery, revokes acceptance of, or fails to pay for MPUs delivered in accordance with this Purchase Agreement, [**].

 

Neither Apple nor the Authorized Purchaser will be liable for [**] not expressly set forth in this Section.

 

[**]  Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

 

9


 

Returns of [**] MPUs [**].  [**]
MPUs may be returned as set forth in the Warranty section of
this Purchase Agreement.



 



Cancellations



 



Apple and its Authorized Purchasers may
cancel Purchase Orders [**]:



 



(i) the MPUs ordered have not been
delivered [**] after the Delivery Date; or



 



(ii) Apple provides written notice of
cancellation in the form attached as Attachment 6, no later than [**] before the Delivery Date of the MPUs
ordered. Each [**], Freescale will provide Apple a report
showing the expected distribution of MPUs that are at probe so that Apple can
make an informed decision regarding cancellations.



 



If Apple or an Authorized Purchaser cancels
a Purchase Order pursuant to subsection (ii), above, it will [**]. Cancellations pursuant to subsection (i),
above, will be [**].



 



If Apple or an Authorized Purchaser
wrongfully rejects delivery, revokes acceptance of, or fails to pay for MPUs
delivered in accordance with this Purchase Agreement, [**].



 



Neither Apple nor the Authorized Purchaser
will be liable for [**] not expressly set forth in this
Section.



 









[**]  Certain
information on this page has been omitted and filed separately with the
Securities and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions.



 



9



















 



EXCERPTS ON THIS PAGE:

10-K (2 sections)
Dec 1, 2005

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